LICENSING ACT 2003
MANDATORY CONDITIONS
19 Mandatory conditions where licence authorises supply of alcohol
(1) Where a premise licence authorises the supply of alcohol, the licence must include the following conditions.
(2) The first condition is that no supply of alcohol may be made under the premises licence -
(a) at a time when there is no designated premises supervisor in respect of the premises licence, or
(b) at a time when the designated premises supervisor does not hold a personal licence or his personal licence is suspended.
(3) The second condition is that every supply of alcohol under the premises licence must be made or authorised by a person who holds a personal licence.
The following conditions came into force on 28th May 2014
1. A relevant person shall ensure that no alcohol is sold or supplied for consumption on or off the premises for a price which is less than the permitted price.
2. For the purposes of the condition set out in paragraph 1-
(a) “duty” is to be construed in accordance with the Alcoholic Liquor Duties Act 1979
(b) “permitted price” is the price found by applying the formula-
P = D + (D×V)
where-
(i) P is the permitted price,
(ii) D is the amount of duty chargeable in relation to the alcohol as if the duty were
charged on the date of the sale or supply of the alcohol, and
(iii) V is the rate of value added tax chargeable in relation to the alcohol as if the value added tax were charged on the date of the sale or supply of the alcohol;
(c) “relevant person” means, in relation to premises in respect of which there is in force a premises licence-
(i) the holder of the premises licence,
(ii) the designated premises supervisor (if any) in respect of such a licence, or
(iii) the personal licence holder who makes or authorises a supply of alcohol under such a licence;
(d) “relevant person” means, in relation to premises in respect of which there is in force a club premises certificate, any member or officer of the club present on the premises in a capacity which enables the member or officer to prevent the supply in question; and
(e) “value added tax” means value added tax charged in accordance with the Value Added Tax Act 1994
Mandatory Licensing Conditions from 1st October 2014
1.-(1) The responsible person must ensure that staff on relevant premises do not carry out, arrange or participate in any irresponsible promotions in relation to the premises.
(2) In this paragraph, an irresponsible promotion means any one or more of the following activities, or substantially similar activities, carried on for the purpose of encouraging the sale or supply of alcohol for consumption on the premises-
(a) games or other activities which require or encourage, or are designed to require or encourage, individuals to-
(i) drink a quantity of alcohol within a time limit (other than to drink alcohol sold or supplied on the premises before the cessation of the period in which the responsible person is authorised to sell or supply alcohol), or
(ii) drink as much alcohol as possible (whether within a time limit or otherwise);
Annex 2 - Conditions consistent with the Operating Schedule
See Attached operating schedule
There shall be placed at all exits from the premises in a place where they can be seen and easily read by the public, (or member and their guests) notices requiring customers to leave the premises and area quietly. (Note, this may also include a reference to vehicles).
Disposal of waste bottles into external receptacles must not occur between 22.00 and 08.30 hours.
The licence holder or his/her representative shall conduct regular assessments of the external areas of the premises to ensure there is no rowdy behaviour by patrons arriving or departing the premises, which is likely to cause disturbance to local residents. Steps should then be taken to control the noise when this can safely be done so.
Annex 4 - Embedded Conditions
On-licences Alcohol shall not be sold or supplied except during permitted hours.
In this condition, permitted hours means:
g. On New Year’s Eve from the end of permitted hours on New Year’s Eve to the start of permitted hours on the following day (or, if there are no permitted hours on the following day, midnight on 31st December).
The existing restrictions do not prohibit:
(d) consumption of the alcohol on the premises or the taking of sale or supply of alcohol to any person residing in the licensed premises;
(e) the ordering of alcohol to be consumed off the premises, or the despatch by the vendor of the alcohol so ordered;
(f) the sale of alcohol to a trader or club for the purposes of the trade or club;
(g) the sale or supply of alcohol to any canteen or mess, being a canteen in which the sale or supply of alcohol is carried out under the authority of the Secretary of State or an authorised mess of members of Her Majesty’s naval, military or air forces;
(h) the taking of alcohol from the premises by a person residing there; or
(i) the supply of alcohol for consumption on the premises to any private friends of a person residing there who are bona fide entertained by him at his own expense, or the consumption of alcohol by persons so supplied; or
(j) the supply of alcohol for consumption on the premises to persons employed there for the purposes of the business carried on by the holder of the licence, or the consumption of liquor so supplied, if the liquor is supplied at the expense of their employer or of the person carrying on or in charge of the business on the premises.
S.166 LA 1964 Alcohol shall not be sold or supplied unless it is paid for before
Licensed Premises or at the time when it is sold or supplied, except alcohol sold or supplied:
(a) with and for consumption at a meal supplied at the same time, consumed with the meal and paid for together with the meal;
(b) for consumption by a person residing in the premises or his guest and paid for together with his accommodation;
(c) to a canteen or mess.
S.168, 171, 201 LA No person under fourteen shall be in the bar of the
1964 On-licence, licensed premises during the permitted hours
no children’s unless one of the following applies:
certificate
(1) He is the child of the holder of the premises licence.
(2) He resides in the premises, but is not employed there.
(3) He is in the bar solely for the purpose of passing to or from some part of the premises which is not a bar and to or from which there is no other convenient means of access or egress.
(4) The bar is in railway refreshment rooms or other premises constructed, fitted and intended to be used bona fide for any purpose to which the holding of the licence is ancillary.
In this condition “bar” includes any place exclusively or mainly used for the consumption of intoxicating liquor. But an area is not a bar when it is usual for it to be, and it is, set apart for the service of table meals and alcohol is only sold or supplied to persons as an ancillary to their table meals.
Public Entertainment Conditions
The Licensee shall not admit any member of the public to the licensed premises between the hours of 1.00am and 2.00am on any day of the week. (this only applies to premises open after 12 midnight)
Any authorised Officer of the Council, the Fire Authority or any Police Constable
may, on production if so required of his authority, at the times permitted under the
Local Government (Miscellaneous Provisions) Act 1982 enter the premises and
inspect them with a view to seeing whether the terms, conditions or
restrictions of this licence are being complied with.
The Licensee shall be fully responsible for the carrying, out of each and every one of these terms and conditions and for the safety of the public and employees in the event of fire or panic, and shall ensure that he complies with all relevant legislation relating to the use of the premises.
For every breach of the terms of the licence or those Regulations, the Licensee is liable on summary conviction to a fine not exceeding level five and the licence may be revoked.
The Licensee or some other responsible person nominated by the Licensee in writing shall be in charge of and upon the licensed premises during the whole of the time that they are being used for the purpose aforesaid and there shall also be during that time sufficient staff of competent attendants on duty on the premises. The person in charge shall not be engaged in any duties which will prevent him from exercising general supervision.
On the licensed premises whilst the said premises are being used for the public entertainment there shall be installed a telephone to which the person in charge of the licensed premises shall have access at all times and a notice must be prominently displayed above the telephone stating "FIRE - DIAL 999"
The total number of persons to be accommodated in the premises whilst the premises are used for public entertainment shall not exceed and a notice shall be prominently displayed in the entrance to the premises which clearly indicates the maximum number of persons allowed on the premises at any one time.
The Licensee shall ensure that all persons entering and leaving the premises are counted by his employees or agents using counting machines or other methods approved by the Licensing Authority. The total recorded on each counting machine shall at all times be available for inspection by an Officer of the Licensing Authority, the Fire Authority, or the Greater Manchester Police.
The Licensee shall employ an employee or agent as an attendant at each exit door in normal use from the licensed premises from 11.00pm until all persons have left the premises.
Any exhibition, demonstration or performance (hereafter referred to as a "performance") of hypnotism (as defined in the Hypnotism Act 1952) on any person will require the express written consent of the licensing authority and must comply with the following conditions. The Authority may consent either under the terms of a public entertainments licence or under the provisions of the Hypnotism Act 1952.
Publicity
(a)no poster, advertisement or programme for the performance which is likely to cause public offence shall be displayed, sold or supplied, by or on behalf of the licensee either at the premises or elsewhere;
(b) every poster, advertisement or programme for the performance which is displayed, sold or supplied shall include, clearly and legibly, the following statement:
"Volunteers, who must be aged 18 or over, can refuse at any point to continue taking part in the
performance".
(c) the performance shall be covered to a reasonable level by public liability insurance. The hypnotist must provide evidence of this to the local authority if requested; and it must be available for inspection at the performance;
Physical arrangements
(d) the means of access between the auditorium and the stage for participants shall be properly lit and free from obstruction;
(e) a continuous white or yellow line shall be provided on the floor or any raised stage at a safe distance from the edge. This line shall run parallel with the edge of the stage for its whole width. The hypnotist shall inform all subjects that they must not cross the line while under hypnosis, unless specifically told to do so as part of the performance;
Treatment of audience and subjects
(f) before starting the performance the hypnotist shall make a statement to the audience, in a serious manner, identifying those groups of people who should not volunteer to participate in it; explaining what volunteers might be asked to perform; informing the audience of the possible risks from embarrassment or anxiety; and emphasising that subjects may cease to participate at any time they wish. The following is a suggested statement, which might be amended as necessary to suit individual styles so long as the overall message remains the same:
"I shall be looking for volunteers aged over 18 who are willing to be hypnotised and participate in the show. Anyone who comes forward should be prepared to take part in a range of entertaining hypnotic suggestions but can be assured that they will not be asked to do anything which is indecent, offensive or harmful. Volunteers need to be in normal physical and mental health and t must ask that no-one volunteers if they have a history of mental illness, are under the influence of alcohol or other drugs or are pregnant".
(g) no form of coercion shall be used to persuade members of the audience to participate in the performance. In particular, hypnotists shall not use selection techniques which seek to identify and coerce onto the stage the most suggestible members of the audience without their prior knowledge of what is intended. Any such of such selection techniques (e.g. asking members of the audience to clasp their- hands together and asking those who cannot free them again to come onto the stage) should only be used when the audience is fully aware of what is intended and that participation is entirely voluntary at every stage,
(h) if volunteers are to remain hypnotised during an interval in the performance, a reasonable number of attendants as agreed with the licensing authority shall be in attendance throughout to ensure their safety;
Prohibited Actions
(i) the performance shall be so conducted as not to be likely to cause offence to any person in the audience or any hypnotised subject;
(j) the performance shall be so conducted as not to be likely to cause harm, anxiety or distress to any person in the audience or any hypnotised subject. In particular, the performance shall not include:
(ii) any suggestion that the subject has lost something (e.g. a body part) which, if it really occurred, could cause considerable distress;
(iii) any demonstration in which the subject is suspended between supports (so-called "catalepsy),
(iv) the consumption of any harmful or noxious substance;
(v) any demonstration of the power of hypnosis to block pain (e. g. pushing a needle through the skin);
any suggestion involving the age regression of a subject (i.e., asking the subject to revert to an earlier age in their life; this does not prohibit the hypnotist from asking subjects to act as if they were a child etc);
(k) the performance shall not include giving hypnotherapy or any other form of treatment,
Completion
(l) all hypnotised subjects shall remain in the presence of the hypnotist and in the room where the
performance takes place until all hypnotic suggestions have been removed;
(m) all hypnotic or post-hypnotic suggestions shall be completely removed from the minds of the subjects and the audience before the performance ends.
All hypnotised subjects shall have the suggestions removed both individually and collectively and the hypnotist shall confirm with each of them that they feel well and relaxed (the restriction on post-hypnotic suggestions does not prevent the hypnotist telling subjects that they will feel well and relaxed after the suggestions are removed);
(n) the hypnotist shall remain available for at least 30 minutes after the show to help deal with any problems which might arise. (Such help might take the form of reassurance in the event of headaches or giddiness but this condition does not imply that the hypnotist is an appropriate person to treat anyone who is otherwise unwell).
Authorised Access
(o) where:
(i) a constable; or
(ii) an authorised officer of the licensing authority; or
(iii) an authorised officer of the fire authority
has reason to believe that a performance is being, or is about to be, given he may enter the venue with a view to seeing whether the conditions on which approval for the performance was granted are being complied with.
19. No public entertainment which is obscene, offensive to public decency or calculated to excite any breach of the peace shall be allowed.
20. Whilst the premises are being used for the public entertainment drunkenness or other disorderly conduct shall not be permitted in case any disorderly conduct should occur the licensee shall assist in the capture, expulsion and conviction of the offenders.
21. i) No person engaged in vetting customers, maintaining public order, or engaged in the care and control of customers, (hereinafter referred to as security staff), whether it be permanently or occasionally, can be engaged as security staff until they have been registered by the Security Industry Authority (SIA).*
*As amended by The Private Security Industry Act 2001 (Modifications of Local Enactments Order 2004)
ii) The licensee must ensure that all security staff shall, whilst so employed, wear an identification badge issued in accordance with the SIA Scheme.
iii) Where the licensee or his employer engages any person(s) at any premises licensed by
Oldham Metropolitan Borough Council for Public Entertainment in the capacity of security staff, the licensee shall maintain a log in a form approved by the Council, showing in respect of each period of duty of that person:
(a) the name, date of birth and residential address of that person and registration number.
(b) the time at which he/she commenced that period of duty with a signed acknowledgement by that person;
(c) the time at which he/she finished the period of duty with a signed acknowledgement by that person;
(d) any times during the period of duty when he/she was not on duty;
(e) if that person is not an employee of the licensee or his/her employer, the name of the person by whom that security person is employed or through whom the services of that person were engaged.
The log shall be so kept that it can be readily inspected at any time during which the premises are licensed for Public Entertainment or at any other reasonable time, by an authorised officer of the Council or a Police Officer and once a log has been completed, it must be retained on the premises for at least twelve months.
iv) The Licensee, shall, as soon as is reasonably practicable, notify the Oldham Metropolitan Borough Council of any security staff dismissed or warned by the licensee for serious misconduct which might reasonably affect the continuation of, or renewal of such security staffs' registration e.g. serious misconduct will include, but is not limited to, unprovoked attack on any customer or abusive or aggressive behaviour, drinking on duty and/or being unfit through drink or drugs, repeated failure to comply with the conditions off the Doorsafe Registration
A licensee, when requested, shall identify by name those persons employed by him to a police Officer or Authorised Officer of the Council.
v) The licensee shall ensure that all security staff are given adequate oral and written instruction in respect of their duties under the Doorsafe Registration Scheme.
vi) No licensee shall employ security staff in circumstances where their Doorsafe Registration, whether provisional or full, has been suspended or revoked or where any licence has expired.
22. The Licensee shall take reasonable precautions to ensure that noise does not emanate from the licensed premises such as to cause persons in the neighbourhood to be unreasonably disturbed.
23. The Licensee shall take reasonable steps to ensure that persons leaving the licensed premises conduct themselves in an orderly manner and do not cause annoyance to local residents and/or passers-by.
24. Whilst the premises are being used for the public entertainment, electrical installations must comply with any applicable Rules and Regulations affecting the use of electricity for the time being in force and every two years the Licensee must obtain a certificate of safety provided by a registered electrical contractor or competent electrical engineer on behalf of the Licensee indicating that the installation is maintained in a safe and satisfactory condition. This certificate shall be submitted to the Council on request. Applications for FIRST grant of a licence shall be accompanied by the Electrical Certificate.
25. All parts of the licensed premises whilst being used for the public entertainment shall be properly and sufficiently heated and ventilated.
26. The ceilings of premises used for the public entertainment must be inspected and examined at least every five years, by a competent architect or surveyor on behalf of the licensee and his report shall be submitted to the Executive Director, Environmental Services within seven days of such examination.
27. The noise from the premises whilst being used for the public entertainment shall not exceed the level that may be prescribed by the Council.
28. The premises shall be provided with such means of escape in case of fire for all persons resorting thereto as may be reasonably required by the Council and shall be maintained in an efficient manner at all times. The means of ingress and egress and the passages and gangways shall during the whole time that the licensed premises are used for the public entertainment be kept free and unobstructed.
29. The general fire precaution arrangements shall be approved by the Council and shall at all times be maintained to a standard satisfactory to the Council and all persons employed in the premises shall be given instructions and training in the procedure to adopt in case of fire.
30. Such portable fire extinguishers as may be considered b y the Council to be required shall be provided at approved positions in the premises and shall be maintained in an efficient state in food working order and repair.
31. The whole of the premises to which the public have access (including toilet areas) shall be provided with an emergency (battery) supply of illumination, arranged to come into operation automatically on the failure of the main supply. Such system shall be capable of maintaining the necessary level of illumination for a period of three hours from the time of failure or disconnection of the normal supply and may be either self-contained battery powered lighting units incorporating their own charger, or powered from a central source within the premises. In the latter case, all wiring to be in M.I.C.C. or P.V.C. insulated copper cable in screwed metal conduit. The whole installation to be in accordance with B.S. 5266 : Part 1: 1988.
32. The premises shall be provided with adequate sanitary accommodation which shall be effectively maintained, cleansed, ventilated, disinfected and supplied with all proper requisites.
33. The Licensee, before installing any laser equipment or pyrotechnic device in the premises shall notify the Executive Director, Environmental Services of his intention to do so. Thereafter, such equipment shall be installed, maintained and operated in accordance with a Code of Practice to be specified by the Executive Director, Environmental Services.
34. Reasonable provision be made to cater for the needs of the disabled by way of access and egress to and from the premises, internal circulation, and the provision of appropriate toilet facilities.
35. All doors which are normally used as emergency exits only should be fitted with an alarm or other such device as shall be approved by the Council, which is activated whenever the doors are opened. The alarm must be clearly distinguishable from any fire alarm within the building and should sound in an area permanently manned by management/staff whilst the premises are occupied.
36. One of the following protective measures shall be used for all socket outlets which may be used for the connection of lighting, video or sound amplification equipment and display models.
(a) Each socket outlet circuit shall be protected by a residual current device having rated residual operating current not exceeding 30mA.
(b) Each individual socket outlet shall be protected by an integral residual current device having a rated residual operating current not exceeding 30mA.
The correct operation of all residual current devices shall he checked regularly by pressing the test button. if the device does not switch of the supply, an electrical contractor should be consulted. At the same time. action should be taken to prohibit the use of socket outlets associated with a faulty residual current device.